Senate deal averts nuclear option

Senators cemented a deal to avert the “nuclear option” on filibuster rules on Tuesday.

Under the proposal, President Barack Obama would pull two nominees to the National Labor Relations Board — Sharon Block and Richard Griffin — and replace them on Tuesday afternoon with Nancy Schiffer and Kent Hirozawa, according to three sources.

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Schiffer is the associate general counsel at the AFL-CIO; Hirozawa is the chief counsel to NLRB Chairman Mark Gaston Pearce and would be nominated to the seat on the board that expires in 2014.

The nominations are expected to move swiftly since without the two new members, the board would cease to function in August.

Under the deal to avoid the nuclear option, votes on the other five nominees would be allowed to go forward – including Cabinet nominations such as Gina McCarthy as EPA administrator and Thomas Perez as Labor secretary. Senate Majority Leader Harry Reid said those five nominees will get confirmation votes in the next two weeks.

“We have a new start for this body. And I feel very comfortable about it. I don’t know how I could be happier,” Reid said after the agreement was reached with Senate Minority Leader Mitch McConnell.

“It’s a step in the right direction that the majority has chosen not to exercise the nuclear option. We feel good about that, I think they feel good about it, so I think that crisis has been averted,” McConnell said.

Each side got a piece of what they wanted: Democrats will get seven of Obama’s nominees in place and Republicans were able to scuttle the recess-appointed Block and Griffin from the NLRB. And in the end Republicans will still be able to force procedural votes on executive nominees at a 60-vote threshold and Democrats retain the right to change the rules.

“They’re not sacrificing their right to filibuster and we damn sure aren’t giving up our right to change the rules if necessary,” Reid said.

Just before noon, the Senate voted to move forward with the nomination of Richard Cordray to head the Consumer Financial Protection Board with 71 votes — well over the 60 votes needed to break a filibuster — a breakthrough that allowed senators to back away from the brink of the historic rules changes.

In the Senate Democratic caucus after the Cordrary vote, Sen. Barbara Mikulski (D-Md.) told Democrats not to do a touchdown dance at forcing Republicans to allow votes on the president’s nominees, telling fellow members: “No gloating, maximum dignity.”

Sen. Chuck Schumer (D-N.Y.) said those nominations would have to go through the committee process but must be in place by the end of August, when the NLRB will cease to function without Senate action.

According to Sen. John McCain (R-Ariz.) — who was central in crafting the deal — and Democratic sources, Republicans have agreed to not filibuster the two NLRB nominees.

Reid’s office hadbeen in touch with GOP senators led by John McCain overnight and early Tuesday. McCain also held holding talks with Schumer. The two spoke repeatedly on Monday past 11 p.m., as they did throughout the weekend.

Schumer said the agreement was sparked by McCain’s doggedness — and Sen. Roger Wicker’s (R-Miss.) request to get all senators in one room together on Monday. Once they all were in the Old Senate Chamber it was clear an agreement could be reached, Schumer said.

“Everybody saw we were so close — it would be a shame to have an armageddon, if you will, when we were so close,” said the No. 3 Democrat. “This morning is when the deal was crystallized. When we woke up this morning, we weren’t sure we had it.”